ECOLOGICAL IMPACT ASSESSMENT (TERRESTRIAL AND AQUATIC) PROPOSED DAM ON ARBEIDSGENOT FARM, MOORREESBURG REMAINDER OF FARM BAKOVEND 403, GOUDA DISTRICT Prepared for: M.G Hanekom (Arbeidsgenot Farm) P.O. Box 23 Moorreesburg 7310 Tel: 022 433 2622 Email: [email protected] Report Authors: Mr Nicolaas Willem Hanekom Pri Sci Nat (Ecology) 400274/11 Eco Impact Legal Consulting (Pty) Ltd P.O. Box 45070 Claremont South Africa 7735 Tel: 021 671 1660 Email: [email protected] DATE: 13 July 2019 TABLE OF CONTENTS 1. INTRODUCTION AND BACKGROUND ............................................................... 4 2. LEGISLATIVE REQUIREMENTS .......................................................................... 6 3. METHOD OF ASSESSMENT, ASSUMPTIONS AND LIMITATIONS OF THE STUDY ....................................................................................................................... 6 4. RESULTS OF THE LITERATURE REVIEW ........................................................ 12 5. FRESHWATER ECOLOGICAL ASSESSMENT RESULTS ................................ 13 6. TERRESTRIAL ECOLOGICAL ASSESSMENT RESULTS ................................ 23 7. IMPACT ASSESSMENT OF THE ACTIVITIES ................................................... 23 8. CONCLUSION ..................................................................................................... 49 9. REFERENCES ..................................................................................................... 51 APPENDIX A: ABBREVIATED CURRICULUM VITAE AND DECLARATION OF INDEPENDENCE OF FRESHWATER SPECIALIST............................................... 53 Page 2 of 55 COMPLIANCE WITH THE APPENDIX 6 OF THE AMENDED 2014 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGULATIONS REQUIREMENTS OF APPENDIX 6 – GN 326 ADDRESSED IN SPECIALIST REPORT 1. (1) A specialist report prepared in terms of these Chapter 1 and Appendix A Regulations must contain - a) details of: i) the specialist who prepared the report; and ii) the expertise of that specialist to compile a specialist report including a curriculum vitae; b) a declaration that the specialist is independent in a form Original attached to formal as may be specified by the competent authority; application to DEA&DP. Included in beginning of report c) an indication of the scope of, and the purpose for which, Chapter 1 the report was prepared; d) the date and season of the site investigation and the Chapter 3.12 relevance of the season to the outcome of the assessment; e) a description of the methodology adopted in preparing the Chapter 3. report or carrying out the specialised process; f) the specific identified sensitivity of the site related to the Chapter 5 activity and its associated structures and infrastructure; g) an identification of any areas to be avoided, including Chapter 6 buffers; h) a map superimposing the activity including the associated Figures 2 and 3 structures and infrastructure on the environmental sensitivities of the site including areas to be avoided, including buffers; i) a description of any assumptions made and any Chapter 3.12 uncertainties or gaps in knowledge; j) a description of the findings and potential implications of Chapter 7 such findings on the impact of the proposed activity, including identified alternatives on the environment; k) any mitigation measures for inclusion in the EMPr; Chapter 7 l) any conditions for inclusion in the environmental Chapter 7 authorisation; m) any monitoring requirements for inclusion in the EMPr or Chapter 7 environmental authorisation; n) a reasoned opinion - Chapter 7 i) as to whether the proposed activity or portions thereof should be authorised; and ii) if the opinion is that the proposed activity or portions thereof should be authorised, any avoidance, management and mitigation measures that should be included in the EMPr, and where applicable, the closure plan; o) a description of any consultation process that was BAR Comments and undertaken during the course of preparing the specialist Response Report report; p) a summary and copies of any comments received during BAR Comments and any consultation process and where applicable all responses Response Report thereto; and q) any other information requested by the competent N/A authority. Page 3 of 55 1. INTRODUCTION AND BACKGROUND Eco Impact Legal Consulting (Pty) Ltd was appointed by Mr. Marius Hanekom to undertake a Present Ecological State (PES) and Ecological Importance and Sensitivity (EIS) analysis of the freshwater and riparian resources as part of the Water Use Authorization application. The property and proposed dam site are situated west of the Berg River east of the Moorreesburg to Gouda gravel road approximately 23km east of Moorreesburg. The dam’s 0.2 km2 catchment is located in the quaternary catchment G10J. The proposed dam will have a storage capacity of 324 000m3, dam wall height of 13.5m and a surface area of 6.2ha. The dam wall will be constructed using a cut and fill process. Soil and clay will be cut from the dam basin and dam wall area that will also help to increase the depth of the dam and decrease the catchment basin that will lower water evaporation as the surface of the dam is smaller. The cut material will be used to fill and construct the dam wall. No other material is needed to construct the dam wall. The overall area is characterised by ploughed and planted lands used for agriculture. The dam will impact on a disturbed tributary of the Berg River which has been classified as an ecological support area. Take note that the tributary has no ecological functioning left other than the transport of water from the agricultural lands. Associated infrastructure The farm has two existing abstraction points on the Berg River south and north-east of the farmhouse. The existing pipelines (125 & 165mm dia) from these abstraction points will be upgraded to 250mm dia each to fill the proposed dam. An additional abstraction point with a 250mm dia pipeline (130m long) is proposed just below (to the north) of the proposed dam, which will be the shortest route to fill the dam. A new power line will be required from the north-eastern abstraction point to the new point. All areas to be irrigated from the new dam will be located within existing cultivated lands. A raft abstraction pump from the dam basin will be used for bulk conveyance to the areas. Page 4 of 55 Figure 1: The water uses falling within the regulated zones that require authorization in terms of the National Water Act. 2. LEGISLATIVE REQUIREMENTS Some of the pertinent environmental legislation that has possible bearing on the proposed development are as follows: National Water Act, 1998 (Act No. 36 of 1998) The National Water Act (NWA) guides the management of water in South Africa. The Act aims to regulate the use of water and activities that may impact on water resources through the categorisation of “listed water uses‟ encompassing water extraction and flow attenuation within catchments as well as the potential contamination of water resources, where the Department of Water and Sanitation (DWS) is the administering body in this regard. In terms of the proposed development and its nature, a specialist assessment is needed to provide DWS with the necessary information related to the proposed project’s water uses and the potential impacts on the water resources of the area. It is the client’s intention to register and license all water uses related to this project. The National Environmental Management Act, 1998 (Act 107 Of 1998) The activities in accordance with the requirements of the National Environmental Management Act, 1998 (Act 107 of 1998) for which Environmental Authorization is required applicable to this Ecological Impact assessment is: • Activity 12 of Listing Notice 1 (GN 327) of the National Environmental Management Act (NEMA) EIA regulations, 2014 (as amended) states that: The development of— (i) dams or weirs, where the dam or weir, including infrastructure and water surface area, exceeds 100 square metres; where such development occurs- (a) within a watercourse; • Activity 19 of Listing Notice 1 (GN 327) of the NEMA EIA regulations, 2014 (as amended) states: The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from- (i) a watercourse; The expansion of the dam triggers the above listed activities for which Environmental Authorization is required. 3. METHOD OF ASSESSMENT, ASSUMPTIONS AND LIMITATIONS OF THE STUDY Input into the overall project was driven by the following Terms of Reference (ToR), which required the specialist to: • Identify and describe freshwater ecosystems in the study area based on existing data and an onsite survey; • Place freshwater ecosystems in a regional context and describe freshwater ecosystem- dependent fauna and flora species present; • Classify, describe and map freshwater ecosystems in terms of their ecological sensitivity and functional value; • Comment on and map freshwater ecosystem sensitivity in terms of ecologically important habitats, ecological corridors and linkages with other ecological systems; • Identify potential impacts of the proposed project on freshwater ecosystems; • Conduct a specialist assessment in line with NEMA (Act no. 107 of 1998) minimum specialist report requirements, which are presented within Appendix 6 of the NEMA: EIA Regulations (2014, as amended); • Assess the direct, indirect and cumulative impacts (pre